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I produces two materials which were viewed by Sumiden as <br /> 2 products and sold for use in fertilizers as "Ferrorich" and <br /> 3 "Ferrozinc , " respectively. <br /> 4 3 . On March 2 , 1988 , the San Joaquin County <br /> 5 Public Health Services ( "PHS" ) signed a memorandum of <br /> 6 understanding with the State pursuant to which the State <br /> 7 agreed that PHS would investigate and take appropriate <br /> 8 actions to enforce the Hazardous Waste Control Law (Chapter <br /> 9 6 . 5 of Division 20 of the California Health & Safety Code) . <br /> •10 4 . On August 23 , 1989 , PHS inspected Sumiden ' s <br /> 11 facilities , and thereafter , on February 26 , 1990 , PHS issued <br /> 12 a report of violations based upon PHS ' classification of <br /> 13 Ferrozinc as a hazardous waste . Sumiden objected to this <br /> 14 classification in a letter. to PHS . Nonetheless , during <br /> 15 1990 , Sumiden notified the State Board of Equalization ( the <br /> 16 "Board" ) of the potential classification issue in its <br /> 17 Hazardous Waste Returns ( including Generator Fee Returns ) <br /> 18 reporting no generation and therefore no tax liability . <br /> 19 5 . PHS , accompanied by representatives of DTSC, <br /> 20 inspected Sumiden again in February 1991 - Thereafter, FHS <br /> 21 issued a second report of violations which classified both <br /> 22 Ferrozinc and Ferrorich as hazardous wastes . While <br /> 23 disagreeing with the classification , Sumiden agreed to <br /> 24 handle the materials as hazardous wastes pending a final <br /> 25 determination. <br /> 26 <br /> 27 <br /> 28 <br /> L <br />